Singapore legislation
Section 12H
Section 12H
Length of benefit period, etc., in respect of paternity leave
(1)
Subject to subsection (5) and any regulations made under section 20, every male employee, who is the natural father of a child and who satisfies the requirements of section 12I(1), or who is the adoptive father of a child and who satisfies the requirements of section 12I(2), is entitled to absent himself from work on paternity leave for —
a period of 2 weeks, which must be consumed within 16 weeks commencing on the date of the child’s birth; or
one or more than one period, each being of a duration that is agreed between the employee and his employer, all of which in aggregate are equal in duration to twice the employee’s weekly index or 12 days (whichever is the lower), and all of which must be consumed within 12 months commencing on the date of the child’s birth.
(2)
An employer must grant a male employee his entitlement to paternity leave in accordance with this Act and pay the employee who is entitled to such leave his gross rate of pay for every day of such leave that is taken by the employee.
(3)
Where the employment of a male employee is terminated (whether by resignation or dismissal, upon the completion of his contract of service, or for any other reason) before he has exercised, wholly or partly, his entitlement to absent himself from work on paternity leave, he forfeits the following upon the termination of his employment:
the entitlement (or the balance of that entitlement) to absent himself from work on paternity leave;
the entitlement to receive payment from his employer at his gross rate of pay in respect of the forfeited period of absence from work under paragraph (a).
(4)
Subject to subsection (5) and any regulations made under section 20, a self‑employed man who —
is the natural father of a child and satisfies the requirements of section 12I(1), or is the adoptive father of a child and satisfies the requirements of section 12I(2);
within 12 months commencing on the date of the child’s birth, ceases to be actively engaged in his trade, business, profession or vocation during one or more than one period, all of which in aggregate are equal in duration to twice his weekly index or 12 days (whichever is the lower); and
has lost any income by reason of his ceasing to be actively engaged in that trade, business, profession or vocation,is entitled to claim from the Government his lost income for each period of cessation of active engagement in his trade, business, profession or vocation mentioned in paragraph (b).
(5)
Every male employee or self-employed man who is the adoptive father of a child and who satisfies the requirements of section 12I(2) is only entitled to take the paternity leave commencing on or after —
the date on which an application is made by the adoptive father to adopt the child, where the child is a citizen of Singapore; or
the date on which the dependant’s pass in respect of the child is issued, where the child is not a citizen of Singapore.
(6)
[Deleted by Act 26 of 2013]
(7)
Any employer who fails, without reasonable cause, to grant paternity leave to a male employee who is entitled to and requests for such leave shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(8)
Any employer who fails to pay a male employee in accordance with this section and section 12I shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(9)
Where an employer has been convicted of an offence under subsection (8), the court may order the employer to make restitution of any moneys paid out to the employer by the Government under section 12J which have not been paid to a male employee in accordance with this section and section 12I.
(10)
Where an employer who is convicted or found guilty of an offence under subsection (7) or (8) is a repeat offender, the employer shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(11)
For the purposes of subsection (10), a person is a repeat offender in relation to an offence under subsection (7) or (8) if the person who is convicted or found guilty of an offence under subsection (7) or (8) (called the current offence) has been convicted or found guilty of an offence under subsection (7) or (8) on at least one other occasion before the date on which the person is convicted or found guilty of the current offence.
(12)
This section and section 12I apply in relation to the natural father of a stillborn child as they apply to the natural father of a child born alive.